Northern District

Credit Union Liquidity Servs. LLC v. Sherman (In re Sherman)

Plaintiff creditor brought an adversary complaint objecting to the grant of a discharge to defendant debtor, asserting, among other grounds, that debtor made several false statements under oath and omitted assets from his schedules and statement of affairs, in violation of 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to false statements under oath and omission of assets from schedules and statements.
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Consumer case opionion summary, case decided on July 12,2011, LexisNexis #0811-060

Shah v. Morris (In re Morris)

Creditors filed a complaint against chapter 7 debtors alleging that they were owed damages arising from the debtor husband's failure to adequately complete his obligations under a home construction contract and seeking a determination that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Damages for nonperformance of home inspection contract were dischargeable absent evidence of fraud.
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Consumer case opionion summary, case decided on July 11,2011, LexisNexis #0811-088

Mariah Bay Leasing Corp. v. Credit Union Liquidity Servs.

Creditor moved to convert debtor's chapter 11 case to chapter 7. The U. S. Bankruptcy Court for the Northern District of Texas granted the motion and denied confirmation of the debtor's chapter 11 reorganization plan. The debtor appealed the denial of confirmation. The creditor moved to dismiss the appeal.
Ruling: 
Appeal for order denying confirmation of chapter 11 plan dismissed as moot where case had remained in chapter 7 without objection.
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Commercial case opionion summary, case decided on June 29,2011, LexisNexis #0711-128

Vitro v. ACP Master LTD. (In re Vitro)

Plaintiff debtor in foreign insolvency proceedings brought an adversary proceeding against defendant holders of notes issued by the debtor seeking to prevent the noteholders from pursuing litigation against the debtor and its non-debtor subsidiaries which were guarantors of the notes. The debtor moved for a preliminary injunction.
Ruling: 
Actions against debtor in foreign main proceeding enjoined due to probability of successful reorganization.
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Consumer case opionion summary, case decided on June 24,2011, LexisNexis #0711-138

In re Northpark Terrace Apts. V Ltd.

Before the court was the question of the amount of a bank's claims in debtor's chapter 11 case, which was disputed by the bank and debtor. The issue arose in the context of confirmability of debtor's plan of reorganization.
Ruling: 
Bank's claims allowed as set forth on debtor's Schedule D where proof of claim did not meet burden of proof as to amount.
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Commercial case opionion summary, case decided on June 20,2011, LexisNexis #0811-012

In re EQK Bridgeview Plaza Inc.

Before the court for consideration in debtor's chapter 11 case were movant creditors' motions for relief from the automatic stay.
Ruling: 
Denial of relief from stay conditioned upon adequate protection payments and plan confirmation by date certain.
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Commercial case opionion summary, case decided on June 16,2011, LexisNexis #0811-009

Macris v. Saxton (In re Saxton et al.)

Judgment creditors, an individual and his company, filed a motion for summary judgment in their action against defendant debtors, alleging the debts owed them by the debtors were excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6).
Ruling: 
State court judgment was preclusive as to dischargeability of debt due to breach of fiduciary duty and willful injury.
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Consumer case opionion summary, case decided on June 08,2011, LexisNexis #0711-087

Ward Family Fund v. Arnette (In re Arnette)

In this adversary proceeding, plaintiff investor sought to liquidate its claim against the debtor and have its claim determined to be nondischargeable under 11 U.S.C.S. § 523 in the bankruptcy case.
Ruling: 
Debt to investor was nondischargeable due to debtor's false representations regarding experience and use of funds.
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Consumer case opionion summary, case decided on June 07,2011, LexisNexis #0711-089

In re FRE Real Estate Inc.

Movant, the agent for a bank that was a debtor's main creditor, asked the court to grant relief from stay per 11 U.S.C.S. § 362 to allow it to foreclose on certain property of a chapter 11 debtor on the grounds that debtor lacked equity in the property and will be unable to reorganize or, alternatively, that the case was a bad faith filing that was subject to termination of stay per § 362(d)(1).
Ruling: 
Relief from stay granted unless debtor's affiliates make deposits protecting creditor's interests.
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Commercial case opionion summary, case decided on June 06,2011, LexisNexis #0711-075

In re Munger

The Chapter 13 debtor filed an objection to a proof of claim on the ground that it was filed late. The parties asked the court to determine whether the claim was allowed despite its date and whether and to what extent the creditor had a secured claim.
Ruling: 
Late filed proof of claim to which debtor objected disallowed.
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Consumer case opionion summary, case decided on June 02,2011, LexisNexis #0711-042

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